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ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR S.C.R. 1018

 

legislature; ineligibility for office; repeal

 

Purpose

 

Repeals the constitutional provision that prohibits legislators from holding another public office or being employed by the state, a county or municipality during their legislative term.  This measure is subject to voter approval at the next general election.

 

Background

 

Article IV, Part 2, Section 5 of the Constitution of Arizona prohibits a member of the Legislature from holding any other office or being employed by the state, a county or municipality during their term of office.  The Constitution provides an exception for the office of school trustee or employment as a public school teacher or instructor. 

 

Arizona case law has determined that the purpose of this provision of the Constitution is to preclude the participation in deliberations and enactments pertaining to office that a member may subsequently hold during the member's term. 

 

S.C.R. 1018 removes the restriction of holding another public office or being employed by the state, a county or municipality for legislators during their legislative term.  This measure is subject to the approval of the voters in the next general election.

 

There is no fiscal impact to the state general fund associated with this legislation.

 

Provisions

 

1.      Repeals the constitutional provision that prohibits legislators from holding any other office or being employed by the state, a county or municipality during the member’s elected or appointed term

 

2.      Directs the Secretary of State to submit this proposition to the voters at the next general election.

 

3.      Becomes effective on approval of the voters.

 

 

Prepared by Senate Staff

February 27, 2002